Permanent Final Adoptions
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15. Animal Industry
[OAR Docket #10-1036]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:Subchapter 40. Bovine Tuberculosis
Part 1. Definitions
35:15-40-1 [AMENDED]
Part 3. Rules Adopted from USDA Uniform Methods and Rules for Bovine Tuberculosis Eradication
35:15-40-31 through 35:15-40-43 [AMENDED]
35:15-40-45 through 35:15-40-49 [AMENDED]
35:15-40-49.1 [AMENDED]
35:15-40-50 [AMENDED]
Part 5. Herd Status Requirements
35:15-40-71 [AMENDED]
35:15-40-72 [AMENDED]
Part 7. Import Requirements
35:15-40-90 [AMENDED]
35:15-40-90.1 [AMENDED]
35:15-40-91 through 35:15-40-93 [AMENDED]
AUTHORITY:State Board of Agriculture; 2 O.S. ยงยง 2-4 (A) (2)
DATES:Comment period:
January 4, 2010 through February 3, 2010
Public hearing:
February 3, 2010
Adoption:Submitted to Governor:
March 17, 2010Submitted to House:
March 17, 2010Submitted to Senate:
March 17, 2010Gubernatorial approval:
April 14, 2010Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 13, 2010
Final adoption:
May 13, 2010SUPERSEDED EMERGENCY ACTIONS:
N/AINCORPORATIONS BY REFERENCE:
N/AThe proposed rules amend the tuberculosis rules to reflect changes made to the federal programs and to clean up the existing rules.
CONTACT PERSON:
Teena Gunter, Oklahoma Department of Agriculture, Food, and Forestry (405) 522-4576
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S. SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 25, 2010:
SUBCHAPTER 40. Bovine Tuberculosis
PART 1. DEFINITIONS
35:15-40-1. Definitions
The following words or terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise:
"Accredited Free State free state" means a state that maintains full compliance with all of the provisions of the USDA Uniform Methods and Rules for bovine tuberculosis eradication and where no evidence of bovine tuberculosis has been disclosed for five (5) or more years.
"Accredited Herd herd" means a herd of cattle, bison, or dairy goats that has passed at least two (2) consecutive negative caudal fold tuberculin tests at an interval of not less than ten (10) months nor more than fourteen (14) months, has no other evidence of bovine tuberculosis, and meets meet the standards of this Subchapter.
"Adjacent Herd" means a group or groups of animals sharing common pasture, or having other direct contact with an affected herd, and herds containing previous purchases from or exchanges with an affected herd. Herds separated by a single fence are considered contact or adjacent herds.
"Affected Herd herd" means a herd of cattle, bison, or dairy goats that contains, or has recently contained, one (1) or more animals infected with Mycobacterium bovis and that has not passed the required tests necessary for release from quarantine.
"Annual Tests tests" means those tests conducted at intervals of not less than ten (10) months nor more than fourteen (14) months.
"Auction" means a public sale of cattle, bison, or dairy goats to the highest bidder.
"Auctioneer" means a person who sells or makes a business of selling cattle, bison, or dairy goats at auction.
"Bison" means a bovine-like animal (genus Bison) commonly referred to as American buffalo or buffalo.
"Bovine Tuberculosis" means a disease in cattle, bison, or dairy goats caused by Mycobacterium bovis.
"Cattle" means all domestic bovine (genus Bos).
"Caudal Fold Tuberculin (CFT) Test" or "CFT" means the intradermal injection of 0.1 milliliters of USDA bovine purified protein derivative (PPD) tuberculin into either side of the caudal fold, with reading by visual observation and palpation seventy-two (72) hours (+ or - 6 hours) following injection. Animals or herds of unknown status shall not be subjected to retest at intervals of less than sixty (60) days.
"Commission Firm firm" means a person, partnership, or corporation that buys or sells livestock as a third party and reports to the seller or to the buyer details of the transactions whether or not a fee is charged for the services.
"Commission Sales" means those sales that are conducted by a third party who reports to the seller or to the buyer details of the transactions.
"Comparative Cervical Tuberculin (CCT) Test" or "CCT" means the intradermal injection of biologically balanced bovine PPD tuberculin and avian PPD tuberculin at separate sites in the cervical area and a determination as to the probable presence of bovine tuberculosis (M. bovis) by comparing the responses of the two (2) tuberculins seventy-two (72) hours (+ or - 6 hours) following injection.
"Dairy cattle" means any typical dairy framed animals as determined by the inspecting veterinarian.
"Dairy Goats goats" means domestic caprine (genus Capra) kept for the purpose of producing milk for human consumption.
"Dealer" means any person, firm, or partnership engaged in the business of buying or selling cattle, bison, or dairy goats in commerce, either on their the dealer's own account or as the employee or agent of the vendor or purchaser, or any person engaged in the business of buying or selling cattle, bison, swine, sheep, or dairy goats in commerce on a commission basis. The term shall not include any person who buys or sells cattle, bison, or dairy goats as a part of their own bona fide breeding, feeding, or dairy operation; is not engaged in negotiating the transfer of cattle, bison, or dairy goats; or receives cattle, bison, or dairy goats exclusively for immediate slaughter on their the person's own premise.
"Designated feedlot" means a feedlot under official state quarantine and approved by the State Veterinarian and federal animal health officials. The designated feedlot may include pens or pasture. All animals leaving the feedlot shall move directly to slaughter and shall be accompanied by permit.
"Designated pens" or "designated pastures" means pens or pastures associated with any feedlot that has a Memorandum of Understanding with the State Veterinarian to house cattle destined for slaughter.
"Direct Shipment to Slaughter" means the shipment of tuberculosis reactors, tuberculosis suspects, and tuberculosis exposed cattle, bison, or dairy goats from the premises of origin directly to a slaughter establishment without diversion to assembly points such as auctions, dealers or commission firm premises, public stockyards, and feedlots.
"Eradication" means the complete elimination of bovine tuberculosis from cattle and bison in the state so that the disease does not appear unless introduced from another species or from outside the state.
"Exposed Animals animals" means cattle, bison, or dairy goats that have been exposed to bovine tuberculosis by reason of associating with known tuberculous animals.
"Feedlot" means a confined dry lot area for the finish feeding of animals on a concentrated feed with no facilities for pasturing or grazing.
"Herd" means one or more cattle, bison, or dairy goats maintained on common ground or two (2) or more groups of cattle, bison, or dairy goats under common ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status.
"Herd Depopulation" means the removal of all cattle, bison, swine, and dairy goats exposed to bovine tuberculosis in a herd directly to slaughter prior to any restocking of the premises with cattle or bison.
"Herd Plan plan" means a herd management and testing plan designed by a state or federal regulatory veterinarian and the herd owner that will control and eventually eradicate bovine tuberculosis from an affected, adjacent, or exposed herd.
"Mexican origin" means cattle that originate or have ever resided in Mexico.
"Modified Accredited Advanced State" means a state that is actively participating in the eradication of bovine tuberculosis and that maintains its status in accordance with the provisions of the USDA Uniform Methods and Rules for Bovine Tuberculosis Eradication.
"Modified Accredited State" means a state that is actively participating in the eradication of bovine tuberculosis and that maintains its status in accordance with the provisions of the USDA Uniform Methods and Rules for Bovine Tuberculosis Eradication.
"Natural Additions additions" means animals born and raised in a herd.
"Negative Animals" means any cattle, bison, or dairy goats that show no response to a tuberculin test or have been classified negative by the testing veterinarian following the application of the CCT test.
"No Gross Lesion (NGL) Animals" or "NGL" means any cattle, bison, or dairy goats that do not reveal a lesion of bovine tuberculosis upon postmortem inspection. Any animal with skin lesions alone shall be considered a NGL animal.
"Non-modified Accredited State" means a state that has not received accredited free status or modified accredited state status.
"Official in charge" means any manager, superintendent, secretary, or other person responsible for an exhibition.
"Official Tuberculin Test tuberculin test" means a test for tuberculosis applied conducted and reported by approved personnel in accordance with this Subchapter and the USDA Uniform Methods and Rules for bovine tuberculosis eradication. The official tuberculin tests are the caudal fold test, the comparative cervical test, the single cervical test, gamma interferon test, or any other test that is approved by the United States Department of Agriculture (USDA).
"Passed Herd" means a herd in which no animals were classified as reactors or suspects as the result of a herd test of all test eligible animals.
"Permit" means an official document a VS 127 issued by an authorized agent of the State Board of Agriculture, a representative of USDA APHIS VS Veterinary Services or an accredited veterinarian that is required to accompany any reactor, suspect, or exposed animals to slaughter. The permit lists the reactor tag or, in the case of suspect animals, an official identification number; the owner's name and address; origin and destination locations; number of animals covered and the purpose of the movement. If a change in destination becomes necessary, a new permit shall be issued by authorized personnel. No diversion from the destination on the permit is allowed.
"Reactor" means any cattle, bison, or goat that shows a response to a tuberculin test and is classified a reactor by the testing veterinarian, or any animal that may be classified as a reactor by the designated Epidemiologist epidemiologist based on supplemental diagnostic tests results from approved laboratories or other information.
"Restricted feedlot" means a feedlot that operates as a terminal feeding facility only, does not engage in grazing or backgrounding of cattle or bison, has official identification of all animals, can trace all animals to the state of origin, and makes all records available to the Department upon request.
"Rodeo bulls" means sexually intact male cattle kept for the purposes of performances at rodeos, bucking events, or for exhibition purposes, or for breeding to produce rodeo bulls.
"Routine Screening Tuberculin Test" means a caudal fold tuberculin test, or any other test that may be approved by the USDA, conducted as part of an area eradication program in which all responding animals are reported without classification to the State Veterinarian.
"Single Cervical Tuberculin Test" means the intradermal injection of 0.1 milliliters USDA bovine single cervical PPD tuberculin in the cervical (neck) region with reading by visual observation and palpation in seventy-two (72) hours (+ or - 6 hours) following injection.
"Suspect" means any cattle, bison, or goats that show a response to the caudal fold tuberculin test and are not classified as reactors, and cattle, bison, or goats that are classified suspects by a comparative cervical test.
"Tuberculin" means a product that is approved by and produced under USDA license for injection into cattle, bison, or goats for the purpose of detecting bovine tuberculosis.
PART 3. RULES ADOPTED FROM USDA UNIFORM METHODS AND RULES FOR BOVINE TUBERCULOSIS ERADICATION
35:15-40-31. Authority to require test
The State Veterinarian, or any accredited veterinarian as defined by USDA-APHIS working under his the direction of the State Veterinarian, upon reliable information that tuberculosis exists in any bovine, bison or goats, or that any of these animals may have been exposed to tuberculosis, may cause the require a tuberculin test to be applied to such of those animals. Should the owner or caretaker refuse or neglect to comply with the instructions of the accredited veterinarian, the State Veterinarian or his duly authorized representative or authorized agent, said the animals shall be quarantined and the quarantine shall prohibit the movement of any animals from said the premises. The State Veterinarian reserves the right to supervise, or have supervised, any test conducted by an accredited veterinarian.
35:15-40-32. Personnel authorized to apply tuberculin tests
Tuberculin tests shall be applied conducted by a veterinarian employed as a full-time state or federal regulatory veterinarian or by an accredited veterinarian. Technicians or livestock inspectors employed by state or federal governments and approved by said governments may conduct routine screening tuberculin tests when directly supervised by state or federal veterinarians.
35:15-40-33. Approved laboratories
The primary laboratory for all tuberculosis diagnostic purposes shall be the National Veterinary Services Laboratories (NVSL), Ames, Iowa. USDA Food Safety and Inspection Service (FSIS) laboratory results are acceptable for tissue examination of regular kill slaughter cattle or bison in those cases where no submission was made to NVSL. Other approved laboratories may be used for other approved supplemental tests.
35:15-40-34. Presumptive diagnostic tests
The caudal fold test, or any other test approved by the USDA, is the official tuberculin test for routine use in individual cattle, bison or dairy goats in herds of such animals where the tuberculosis status of the animals is unknown.
35:15-40-35. Supplemental diagnostic tests
The comparative cervical test (CCT), or any other test approved by the USDA, is the official tuberculin test for retesting of suspects. It shall be applied conducted only by a full-time state or federal regulatory veterinarian and shall not be used in known infected herds without the prior consent of cooperating state and federal officials. The CCT shall not be used as a primary test for animals of unknown status.
35:15-40-36. Primary/diagnostic tests
(a) The single cervical test is for use in herds affected with bovine tuberculosis and for testing exposed cattle or bison from such those herds. It shall be applied conducted only by a full-time state or federal regulatory veterinarian.
(b) The caudal fold test is a primary diagnostic test when used in herds affected with bovine tuberculosis in lieu of the single cervical test. It shall be applied conducted only by a full-time state or federal regulatory veterinarian. Responses Any responses shall warrant the result in a reactor classification.
(c) In the event new technology and advancements provide alternative testing procedures, which are approved by the USDA, the State Veterinarian may alter testing procedures listed above to conform and utilize the new approved methods and test.
35:15-40-37. Tuberculin test interpretation
(a) Decisions regarding tuberculin test interpretations will shall be based upon the professional judgment of the testing veterinarian in accordance with policies established by the cooperating state and federal officials and the test requirements discussed in 35:15-40-38.
(b) The injection site on each animal shall be observed and palpated. Observation without palpation is not acceptable and shall constitute a violation of rules adopted by the Board of Agriculture.
35:15-40-38. Classification of cattle and bison tested
(a) Official caudal fold tuberculin test. All responses to an official caudal fold test shall be recorded and the animal classified as suspect and quarantined for retest unless, in the professional judgement of the testing veterinarian, the reactor classification is indicated required.
(b) Single cervical test. All animals with a response to a single cervical test shall be classified as reactors. Responses shall be recorded in millimeters.
(c) Comparative cervical test. Responses to a comparative cervical test shall be recorded and plotted on the CCT scattergram. Classification shall be according to the zone in which the animal is plotted on the scattergram. Animals plotting in the negative zone may be reclassified as negative. Animals plotting in the reactor zone may be classified as suspect provided that there has been no known association of the herd with M. bovis. The A suspect shall be moved directly to slaughter under permit. The post mortem examination shall be witnessed by a regulatory veterinarian, and specimens shall be submitted for laboratory examination. If the animal fails to disclose gross or microscopic evidence of bovine tuberculosis and a complete epidemiological investigation, including a herd test of all eligible animals, fails to disclose evidence of bovine tuberculosis or exposure thereto, the herd may be considered free of bovine tuberculosis.
(d) Animals classified. Responding animals classified as reactors shall not be retested or reclassified.
(e) Reclassification of animals. Animals responding to the caudal fold tuberculin test that were found negative or suspect to by the comparative cervical test shall be reclassified as reactors when included in a herd test that results in the confirmation of bovine tuberculosis in the herd.
(f) New technology. In the event new technology and advancements provide alternative testing procedures, which are approved by the USDA, the State Veterinarian may alter testing procedures listed above to conform and utilize the new approved methods and tests.
35:15-40-39. Intrastate movement
No animal with a response to an official tuberculin test is eligible for intrastate movement unless said the animal is subsequently classified "negative for M. bovis" based on an official comparative cervical test or accompanied by an official permit and consigned direct to slaughter with no diversion from the approved destination.
35:15-40-40. Reporting of tests
A report of all tuberculin tests, including the individual official identification of each animal by identification number, individual permanent numerical brand, or registration tattoo, age, sex, and breed and a record of the size of the response and test interpretation, shall be submitted to the Oklahoma Department of Agriculture, Animal Industry Services Division Food, and Forestry within ten (10) days of the date the test is read.
35:15-40-41. Procedures in affected herds
Disclosure of tuberculosis in any herd shall be followed by a complete epidemiologic investigation and written report. All cattle or bison in herds from which tuberculosis cattle or bison originate, and all cattle or bison that are known to have been associated with affected cattle or bison, shall be tested or an approved herd plan shall be on file within thirty (30) days of the date disclosed. These procedures shall apply to adjacent and contact herds as well as to the evaluation and testing of possible source herds for the affected herd. Herds that have received exposed animals shall be tested following the slaughter or testing of exposed animals. Every effort shall be made to insure the immediate elimination of the disease from all species of domestic livestock on the premise. The first consideration in affected Affected herds is the depopulation of the entire herd. If shall be depopulated ; however, if depopulation cannot be accomplished is not possible, the herd shall be handled as outlined under 35:15-40-46.
35:15-40-42. Procedures in tuberculosis infected feedlots
A tuberculosis infected feedlot shall be handled in the same manner as an affected herd in regard to epidemiologic investigation and the development of epidemiologic tracings for animal movements into and out of the feedlot. Emphasis on investigations Investigations and testing shall be utilized to detect possible spread from the feedlot. Cattle and bison in feedlots known to be exposed to tuberculous cattle or bison shall be quarantined and shipped under permit directly to slaughter. Feedlots or portions of feedlots, which have that contained affected and exposed cattle or bison, shall be vacated, cleaned and disinfected following removal of such the cattle or bison to slaughter.
35:15-40-43. Disposition of tuberculin responding cattle, bison and goats
(a) Reactors shall remain on the premises where they were disclosed identified until a state or federal permit for movement has been obtained. Movement for immediate slaughter will shall be directly to a slaughtering establishment where approved state or federal inspection is maintained within fifteen (15) days of classification. Alternatively, the animals may be destroyed under the direct supervision of a regulatory veterinarian to insure that a proper post mortem examination can be conducted and that the carcass is either cooked or condemned.
(b) Herds containing suspects to the caudal fold tuberculin test shall be quarantined until the suspect animals are:
(1) Retested by the comparative cervical tuberculin test within ten (10) days of the caudal fold injection, or
(2) Retested by the comparative cervical tuberculin test after sixty (60) days, or
(3) Shipped under permit directly to slaughter in accordance with state and federal laws, rules, and regulations.
(c) Suspects to the comparative cervical test shall remain under quarantine until they are:
(1) Retested by the comparative cervical test in sixty (60) days, or
(2) Shipped under permit directly to slaughter.
(d) An animal in the suspect zone on two successive comparative cervical tests will be classified as a reactor and branded. The testing veterinarian shall justify exceptions in writing to the state and federal animal health officials.
35:15-40-45. Identification of exposed cattle, bison, swine and goats
Exposed cattle and bison shall be identified by branding the letter "S" on the tail head not less than two (2) inches wide nor less than three (3) inches high and by tagging with an approved metal eartag bearing a serial number attached to either ear of each animal. In lieu of branding, such the animals may be accompanied to an approved slaughter facility by a state or federal representative or be shipped in vehicles closed with official seals. Exposed swine and goats shall be identified by tagging with a serially number metal eartag attached to either ear. All such animals to be destroyed shall be transported to the place of destruction in vehicles closed with official seals or shall be accompanied to the place of destruction by a state or federal representative. The above conditions prevail provided that are required unless animals are destroyed and disposed of under the direct supervision of a state or federal representative on the premises where the animals were exposed do not require individual identification.
35:15-40-46. Quarantine procedures
(a) All herds in which with reactor animals are disclosed shall be quarantined. Exposed animals shall remain on the premises where disclosed unless a state or federal permit has been is obtained. Movement for immediate slaughter shall be directly to an approved slaughtering establishment where state or federal inspection is administered. Animals shall be identified by official identification. Use of the "S" brand is required on cattle and bison or animals shall be shipped in a sealed vehicle.
(b) Sale of feeder calves from quarantined herds shall be restricted. Feeder calves under twelve (12) months of age that have passed a caudal fold tuberculin test within sixty (60) days may be permitted to move intrastate to a quarantine restricted feedlot.
(c) Herds in which mycobacterium bovis infection has been is confirmed shall remain under quarantine if not depopulated and shall pass two tuberculin tests of intervals of at least sixty (60) days and one (1) additional test after one hundred eighty (180) days. All animals moved from the farm shall be shipped directly to slaughter and shall be accompanied by slaughter permit issued by a state or federal representative.
(d) Herds in which only NGL reactor(s) occur and in which no evidence of mycobacterium bovis infection has been is disclosed may be released from quarantine after a sixty (60)-day (60) day negative caudal fold retest of the entire herd.
(e) Suspects in herds where only suspect animals are disclosed shall be quarantined on the premises until retested and classified negative or shipped directly to slaughter under permit. If an animal is slaughtered as a comparative cervical test reactor (following two (2) CCT tests as a suspect) and shows no gross lesions, then the results in an entire herd may be retested retest at sixty (60) days by caudal fold test and released from quarantine as in 35:15-40-46(d). If animals are slaughtered as suspects, but show no gross lesions, a sixty (60)-day (60) day herd retest is recommended.
(f) Herds indicated as the source of slaughter trace back case investigations shall be placed under quarantine within thirty (30) days of notification, and a herd test shall be scheduled.
(g) The issuance of a quarantine may be waived if the State Board of Agriculture or the State Veterinarian enters into a formal cooperative agreement with the affected party that will control and eradicate bovine tuberculosis.
35:15-40-47. Retest schedules for high-risk herds
(a) In herds with a history of lesions suspicious of bovine tuberculosis (but not confirmed), two (2) complete annual herd tests shall be given after release from quarantine - the. The first test to shall be applied conducted not less than ten (10) months nor more than fourteen (14) months after release from quarantine.
(b) In a newly assembled established herd on premises where a tuberculosis herd has been depopulated, two (2) annual herd tests shall be applied conducted to all cattle and/or bison. The first test shall be applied conducted not less than four (4) months nor more than eight (8) months after assembly establishment of the new herd. If the premises are vacated for one (1) year, these requirements may be waived by the designated epidemiologist or State Veterinarian.
(c) Exposed animals previously sold from a known infected herd shall be depopulated, if at all possible. If the exposed animal(s) animal is not depopulated, only the single cervical test shall be the only test used. All responding animals shall be classified as reactors. If negative to the test, the exposed animal(s) will subsequently animals shall be handled as if a part of the infected herd of origin for purposes of testing, quarantine release and the five (5) annual high-risk tests. The remainder of the herd shall be retested in one (1) year with the caudal fold test. The balance of the receiving herd shall be retested as follows:
(1) If lesions of tuberculosis (based on histopathologic examination) are found in an exposed animal, the remainder of the herd shall be tested with the single cervical test.
(2) In all other cases, the remainder of the herd shall be tested by the caudal fold test. The responding animals may be classified as suspects and retested with the comparative cervical test.
(d) The testing of source herds of regular kill animals having lesions of tuberculosis shall be done by full-time state or federal regulatory veterinarians. If the herd of origin is positively identified, all animals responding to the caudal fold test shall be classified as reactors. Only when If the herd of origin is not positively identified, should the comparative cervical test shall be used to classify animals that respond to the caudal fold test.
(e) Testing of source herds of reactors shall be by full-time state or federal regulatory veterinarians using the caudal fold test procedure. Responding animals may be classified as reactors or, if classified as suspects, may be retested by the comparative cervical test.
(f) In herds where mycobacterium bovis infection has been in confirmed, but the herd has is not been depopulated, five (5) annual tests on the entire herd shall be given required following the release from quarantine.
(g) In the event new technology and advancements provide alternative testing procedures, which are approved by the USDA, the State Veterinarian may alter testing schedules listed above to conform and utilize the new approved methods and tests.
35:15-40-48. Cleaning and disinfection of premises, conveyances, and materials
All premises, including all structures, holding facilities, conveyances and materials which are determined by the appropriate cooperating state/federal and federal officials to constitute a health hazard to humans or animals because of tuberculosis, shall be properly cleaned and disinfected. This Cleaning and disinfection shall be done performed in accordance with procedures approved by said state and federal officials within fifteen (15) days after the removal of tuberculosis affected or exposed animals. However, these State and federal officials, for reasons satisfactory to them, may extend the time for disinfection to thirty (30) days when upon a request for such extension is received prior to the expiration date of the original fifteen (15)-day period allowed.
35:15-40-49. Identification
(a) All animals tested shall be individually officially identified by official identification, individual tattoo, individual permanent numerical brand or any other identification method approved by the State Veterinarian at the time of injection. Devices easily removed and transferred are not satisfactory.
(b) Animals Identification eligible animals moved in channels of trade shall be officially identified and recorded as to origin and destination at the first point of concentration including, but not limited to, dealers, livestock auction markets and stockyards.
(c) Animals over two (2) years of age that are returned to farms or ranches shall be identified by official identification or any other method approved by the State Veterinarian.
35:15-40-49.1. Dairy cattle change of ownership
(a) Sexually intact dairy cattle six (6) months of age or older and weighing four hundred fifty (450) pounds or more shall:
(1) Test negative for tuberculosis no more than sixty (60) days prior to a change in ownership; or
(2) Originate from a herd with a biennial complete herd negative caudal fold tuberculin test of all cattle twenty (20) months of age or greater that exhibit no other evidence of bovine tuberculosis; or
(3) Originate from an accredited tuberculosis free herd.
(b) Any dairy cattle that do not meet these testing requirements shall be tagged as slaughter only and sent either directly to slaughter or to a designated restricted feedlot.
(c) For purposes of this section a biennial negative caudal fold tuberculin test shall occur at an interval of not less than twenty-two (22) nor more than twenty-six (26) months and be valid for a period of two (2) years.
(d) For purposes of this section dairy cattle shall include typical dairy framed animals as determined by the inspecting veterinarian.
35:15-40-50. Dealers and record keeping
All dealers, auction markets and commission firms shall keep sufficient records for a minimum of two (2) years of all animals purchased for resale to enable any authorized agent to trace such the animals satisfactorily to their herd of origin and to their disposition at the time of sale. These records shall be made available to any authorized agent for the purpose of inspection or photocopying during normal business hours. Failure to maintain or provide adequate records shall constitute a violation of rules adopted by the Board of Agriculture.
PART 5. HERD STATUS REQUIREMENTS
35:15-40-71. Minimum standards for accreditation and reaccreditation of tuberculosis accredited cattle or bison herds
The minimum standards for accreditation and reaccreditation of tuberculosis accredited cattle and bison herds are as follows:
(1) All test eligible cattle and bison shall pass two (2) consecutive negative official tuberculin tests not less than ten (10) months nor more than fourteen (14) months apart. Test eligible animals shall include all cattle or bison twenty-four (24) months of age and older.
(2) All cattle and bison in the herd shall be individually identified by an official identification, registration tattoo, or individual permanent numerical brand.
(3) Any cattle or bison added to an accredited herd shall either:
(A) Test negative to an official tuberculin test sixty (60) days prior to entering the premises, be kept in isolation, and test negative sixty (60) days following entry, or
(B) Be from one of the following:
(i) An accredited herd,
(ii) A herd from an accredited free state, or
(iii) A herd in a modified accredited area that passed a herd test of all cattle and bison over twenty-four (24) months of age within the previous twelve (12) months and the added cattle and bison test negative to an official tuberculin test within sixty (60) days of entering the herd.
(4) Any cattle or bison added to an accredited herd that did not originate from an accredited herd shall not receive new herd status for sale purposes until they have been a herd member for at least sixty (60) days and are included in a complete herd test.
(5) All additions, both purchased and natural, shall be identified as herd members for the herd retest.
(6) The owner shall keep records individually identifying each animal, including all natural or other additions, and shall also keep records of the death or other disposition of each animal.
(7) Accreditation is valid for a twenty-four (24) month period. The original date of accreditation shall be the herd's official accreditation date.
(8) Reaccreditation shall require a negative test of all test eligible herd members not less than twenty-two (22) nor more than twenty-six (26) months from the official accreditation date. All cattle or bison shall be bona fide members of the herd.
(9) Any evidence of bovine tuberculosis in a herd shall result in a denial of accreditation or reaccreditation.
35:15-40-72. Minimum standards for accreditation and reaccreditation of tuberculosis accredited goat herds
Minimum standards for accreditation and reaccreditation of tuberculosis accredited goat herds are as follows:
(1) Testing of herds for accreditation or reaccreditation shall include all goats over six (6) months of age and any animals other than natural additions under six (6) months of age. All natural additions shall be individually identified and recorded on the test report as members of the herd at the time of the annual test.
(2) Herd additions shall originate directly from one of the following:
(A) Accredited herd, or
(B) Herd in an accredited free state, or
(C) Herd in a modified accredited area that has passed a herd test of all animals over six (6) months of age within twelve (12) months, and the individual animals for addition were negative to the official tuberculin test conducted within sixty (60) days, or
(D) Herd in a modified accredited area not meeting requirements of 35:15-40-72(2)(A)(B) or (C). Individual animals for addition shall pass a negative test within sixty (60) days prior to entering the premises of the accredited herd and shall be kept in isolation from all members of the accredited herd until negative to a test conducted after sixty (60) days of date of entry.
(3) Animals added under 35:15-40-72(2)(B)(C) and (D) shall not receive accredited herd status for sale purposes until they have been members of the herd at least sixty (60) days and are included in a herd retest.
(4) Reaccreditation shall require a negative test of all test eligible herd members not less than ten (10) nor more than fourteen (14) months from the official accreditation date. All animals shall be bona fide members of the herd.
(5) No evidence of bovine tuberculosis may be disclosed in the herd for the purposes of accreditation or reaccreditation.
PART 7. IMPORT REQUIREMENTS
35:15-40-90. Requirements for cattle entering Oklahoma from a tuberculosis free state or zone
(a) Cattle that test positive for tuberculosis shall not enter Oklahoma.
(b) Cattle from herds quarantined for tuberculosis shall not enter Oklahoma.
(c) All dairy steers and spayed heifers shall be accompanied by a certificate of veterinary inspection.
(d) All sexually intact dairy cattle under six (6) two (2) months of age shall be individually identified by an official identification and accompanied by a certificate of veterinary inspection.
(e) All sexually intact dairy cattle six (6) months of age and older shall be accompanied by a certificate of veterinary inspection that individually identifies each animal and shall meet one of the following:
(1) Originate from a tuberculosis free herd; or
(2) Test negative no more than sixty (60) days prior to entry with the results recorded on the certificate of veterinary inspection.
(f) Beef cattle under the age of eighteen (18) months and all spayed heifers or steers shall be accompanied by a certificate of veterinary inspection.
(g) All other beef cattle eighteen (18) months or older shall be accompanied by a certificate of veterinary inspection that individually identifies each animal and shall meet one of the following:
(1) Originate from a tuberculosis free state;
(2) Originate from a tuberculosis free herd; or
(3) Test negative no more than sixty (60) days prior to entry with the results recorded on the certificate of veterinary inspection.
(h) Any cattle that do not meet these testing requirements shall be tagged as slaughter-only and sent either directly to slaughter or to a designated restricted feedlot.
35:15-40-90.1. Requirements for cattle entering Oklahoma from a modified accredited advanced state or zone
(a) Cattle that test positive for tuberculosis shall not enter Oklahoma.
(b) Cattle from herds quarantined for tuberculosis shall not enter Oklahoma.
(c) All cattle shall be accompanied by a permit number and a certificate of veterinary inspection that was approved by the Oklahoma State Veterinarian prior to entry into Oklahoma.
(d) Cattle or bison may move directly to slaughter at an approved slaughtering facility.
(e) Sexually intact heifers may move to an approved a restricted feedlot.
(f) Steers or spayed heifers may move into Oklahoma so long as they meet one of the following:
(1) Cattle or bison are individually identified by an official identification and the cattle or bison:
(A) are Are accompanied by the original certificate of veterinary inspection at all times;
(B) are Are placed at a single location for grazing; and
(C) are Are only removed from the single location directly to an approved a restricted feedlot or directly to slaughter;
(2) Cattle or bison enter on a NAIS Premise Identification Number state or federal identification number for the premise of origin and premise of destination with an approved Group Lot Number and the group lot:
(A) is Is accompanied by the original certificate of veterinary inspection at all times;
(B) is Is placed at a single location for grazing;
(C) remains Remains as a group lot;
(D) does Does not commingle with other cattle or bison; and
(E) is Is only removed from the single location directly to an approved a restricted feedlot or directly to slaughter; or
(3) Cattle or bison are individually identified by an official identification and test negative to an official tuberculosis test conducted within sixty (60) days prior to movement into Oklahoma.
(g) Cattle or bison from an accredited herd may enter Oklahoma with a certificate of veterinary inspection that includes complete herd tuberculosis negative test results within one (1) year prior to entry.
(h) Sexually intact cattle or bison, not from an accredited herd, shall be individually identified and accompanied by a certificate of veterinarian veterinary inspection stating the cattle or bison tested negative to an official tuberculin test conducted within sixty (60) days prior to the date of movement.
(i) The state veterinarian may grant a variance to this section so long as the variance is consistent with federal law.
35:15-40-91. International importation of sexually intact cattle or bison
(a) All sexually intact cattle and bison from any foreign country or part thereof with a status less than Modified Accredited Advanced as compared to the UM&R standards of the U.S. Bovine Tuberculosis Eradication program and imported for reasons other than immediate slaughter or feeding for slaughter shall meet the following criteria:
(1) Obtain a permit issued by the Oklahoma Department of Agriculture, Food, and Forestry prior to entry; and
(2) Be quarantined to the premise approved in the entry permit pending two (2) consecutive negative tuberculosis tests, with the first test conducted not less than ninety (90) days nor more than 120 days after arrival and the second test conducted not less than 210 days nor more than 240 days after arrival in the state.
(b) All sexually intact cattle and bison from any foreign country or part thereof with no recognized tuberculosis status comparable to the UM&R standards of the U.S. Bovine Tuberculosis Eradication program of Modified Accredited Advanced or above and imported for immediate slaughter or feeding for slaughter shall meet the following criteria:
(1) Obtain a permit issued by the Oklahoma Department of Agriculture, Food, and Forestry prior to entry; and
(2) Be consigned direct to an approved slaughter establishment or designated restricted feedlot with no diversion from the permitted destination.
(3) Animals consigned to a designated feedlot shall be tagged for slaughter-only prior to or upon arrival at the feedlot.
35:15-40-92. Importation of Mexican origin steers and spayed heifers
(a) Mexican origin steers and spayed heifers imported as stocker, feeder, slaughter animals may enter Oklahoma provided they test negative for tuberculosis in accordance with the Norma Official Mexicana (NOM) within sixty (60) days prior to entry into Oklahoma and they obtain a telephone entry permit prior to entering Oklahoma providing the following information:
(1) a A certificate of veterinary inspection containing the individual identification and all tag numbers, tuberculosis testing information, statement that the animals are "Mexican Origin Cattle," and complete consignor or consignee information including telephone numbers; and
(2) a A VS Form 17-30.
(3) Cattle from states in Mexico that meet USDA Tuberculosis Free standards are not required to have a negative NOM tuberculosis test.
(b) Mexican origin steers and spayed heifers and any commingled cattle shall not be diverted from the stocker, feeder, slaughter channel.
(c) Mexican origin steers and spayed heifers shall not be commingled with any cattle other than stocker, feeder, slaughter cattle.
(d) Holstein and Holstein-cross steers and spayed heifers from Mexico shall not enter Oklahoma regardless of test history.
(e) Mexican origin steers and spayed heifers and U.S. origin Corriente cattle utilized as rodeo stock prior to entry into Oklahoma shall obtain an entry permit, provide individual identification and all tag numbers, and be accompanied by a negative tuberculosis test that meets one of the following:
(1) Performed by an accredited veterinarian within the previous 365 days; or
(2) Performed in accordance with the Norma Official Mexicana (NOM), the animal is accompanied by a VS 17-30, and the animal is quarantined upon entry into Oklahoma until retested by an accredited veterinarian within sixty (60) to one hundred twenty (120) days of the original tuberculosis test.
(f) Mexican origin steers and spayed heifers and U.S. origin Corriente cattle utilized as rodeo stock moving within the state shall meet the following requirements:
(1) Be accompanied by a negative tuberculosis test performed by an accredited veterinarian within the previous 365 days;
(2) Be identified with an official identification; and
(3) There is no change of ownership since the date of the last official test.
(g) No sexually intact Mexican origin rodeo stock shall enter Oklahoma.
(h) The official in charge of an event shall be responsible for verifying that all Mexican origin cattle utilized as rodeo stock entering any exhibition meet all testing requirements.
(1) The official in charge of an event shall not be held responsible for recording or accepting falsified or erroneous information provided by an owner.
(2) Any person providing erroneous or fictitious information shall be in violation of these rules.
(i) Any official in charge of an event who knowingly, negligently, or willfully allows an untested or positive animal to enter an exhibition shall be in violation of these rules and the official in charge and the owner of the positive or untested animal shall be equally and individually in violation of these rules.
35:15-40-93. Rodeo bulls
(a) Rodeo bulls may move into the State of Oklahoma provided:
(1) The rodeo bull is accompanied by a negative tuberculosis test performed by an accredited veterinarian within the previous 365 days and the test was performed in the name of the current owner;
(2) The bull is identified with an official identification;
(3) A certificate of veterinary inspection accompanies each interstate movement of the bull; and
(4) A permit for entry is issued for each interstate movement of the bull.
(b) Rodeo bulls moving within the state shall meet the following requirements:
(1) Be accompanied by a negative tuberculosis test performed by an accredited veterinarian within the previous 365 days and the test was performed in the name of the current owner; and
(2) Be identified with an official identification.
(c) The official in charge of an event shall be responsible for verifying that all rodeo bulls entering any exhibition meet all testing requirements.
(1) The official in charge of an event shall not be held responsible for recording or accepting falsified or erroneous information provided by an owner.
(2) Any person providing erroneous or fictitious information shall be in violation of these rules.
(d) Any official in charge of an event who knowingly, negligently, or willfully allows an untested or positive animal to enter an exhibition shall be in violation of these rules and the official in charge and the owner of the positive or untested animal shall be equally and individually in violation of these rules.
[OAR Docket #10-1036; filed 6-15-10]